Gizmodo Media Group submitted a FOIA request to the Department of Justice for records concerning any Foreign Intelligence Surveillance Act warrant applications to conduct surveillance on Donald Trump, any of his associates, or any of his properties. Based on public statements made by Trump alleging such surveillance took place, Gizmodo Media claimed that the existence of any potential FISA warrants had been implicitly acknowledged. The agency issued a Glomar response, neither confirming nor denying the existence of records. Gizmodo Media filed an appeal with the Office of Information Policy, which upheld the agency's Glomar response. Gizmodo Media then filed suit.Complaint issues: Litigation - Attorney's fees

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (jvs) (Entered: 05/15/2017)

2017-05-15

Magistrate Judge James C. Francis IV is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (jvs) (Entered: 05/15/2017)

2017-05-15

Case Designated ECF. (jvs) (Entered: 05/15/2017)

2017-05-15

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): When requesting Summons, they must be filed as separate events.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jvs) (Entered: 05/15/2017)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 6 Request for Issuance of Summons, 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): Party U.S. Attorney General and U.S. Attorney - SDNY are not parties on the pleading/ECF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl) (Entered: 05/23/2017)

SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint served. Department of Justice served on 6/5/2017, answer due 7/5/2017. Service was made by Mail. Document filed by Gizmodo Media Group, LLC. (McClanahan, Kelly) (Entered: 06/07/2017)

RESPONSE to Motion re: 38 MOTION To Supplement The Record . and joint proposal for next steps in this matter . Document filed by Department of Justice. (Krause, Andrew) (Entered: 02/20/2018)

2018-02-21

41

ORDER: On consent of the parties, it is hereby ORDERED that the pending motions are held in abeyance until March 23, 2018. IT IS FURTHER ORDERED that a joint status letter is due on March 23, 2018. (Signed by Judge Denise L. Cote on 2/21/2018) (gr) (Entered: 02/21/2018)

ORDER: On February 21, 2018, an Order placed the cross-motions for summary judgment in abeyance on consent of the parties. In accordance with that Order, on March 23, 2018, the parties submitted a joint status report with competing proposals for how this case should proceed, in light of the governments representation that its responses to the FOIA request will be changed. Upon consideration thereof, it is hereby ORDERED that the defendants scheduling proposal is adopted. The defendant shall file a status report on May 18, 2018 and complete processing and production of responsive, non-exempt records subject to FOIA by July 20, 2018. IT IS FURTHER ORDERED that the pending motions for summary judgment are terminated as moot. IT IS FURTHER ORDERED that the parties shall submit a joint status report on next steps by August 3, 2018. IT IS FURTHER ORDERED that, when submitting any future scheduling proposals in this matter, the parties shall report on any scheduling proposals made to or adopted by the courts in James Madison Project v. Department of Justice, No. 17-597-APM (D.D.C.) and in Poulsen v. United States Department of Defense, No. 17-cv-3531-WHO (N.D. Cal.) to the extent that case concerns the Department of Justice or Federal Bureau of Investigation. IT IS FURTHER ORDERED that the plaintiffs request for attorneys fees and costs associated with the summary judgment briefing is denied. (Signed by Judge Denise L. Cote on 3/30/2018) (gr) (Entered: 03/30/2018)

ORDER: UPON CONSIDERATION OF Kelly McClanahan's Consent Motion to Withdraw as counsel, and the entire record herein, it is this 23rd day of August, 2018, ORDERED that the Motion is GRANTED. (Signed by Judge Denise L. Cote on 8/23/2018) (gr) (Entered: 08/23/2018)